Findings - 2026 - CUP-2026-13 - - A conditional use permit to allow waivers of Eagle City Code Title 8 for the City Eagle and Eagle FIre DistrictBEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
A CONDITIONAL USE PERMIT TO ALLOW
WAIVERS OF EAGLE CITY CODE TITLE 8
FOR THE CITY OF EAGLE AND EAGLE
FIRE DISTRICT
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CUP-2026-13
The above -entitled conditional use permit application came before the Eagle Planning and Zoning
Commission for their recommendation on August 3, 2026, at which time public testimony was taken, the
public hearing was closed, and the application was remanded. The application was brought before the
Planning and Zoning Commission again at the meeting on August 17, 2026, where the Commission made
their motion at that time. The Eagle Planning and Zoning Commission, having heard and taken oral and
written testimony, and having duly considered the matter, makes the following Findings of Fact and
Conclusions of Law:
FINDINGS OF FACT:
A. PROJECT SUMMARY:
The City of Eagle and the Eagle Fire District are requesting conditional use permit approval for
waivers of Eagle City Code Sections 8-2A-6(B)(1)(k) (metal siding), 8-2A-6(13)(2)(c) (exposed
fasteners), 8-2A-6(B)(3)(e) (chain link fencing), 8-3-2(B)(1) (shipping containers as a permanent
use), 8-2A-6(B)(7) (unenclosed trash receptacles), 8-2A-7(J)(2)(c) (no trash enclosure landscape
screening), 8-4-3(A) (gravel parking), 8-2A-7(K)(4)(a-b) (no parking lot landscaping in gravel
parking area), and 8-2A-7(M) (no street trees in parkway strip adjacent to roadway). The 7.42-acre
site is located approximately 105-feet north of the intersection of North Horseshoe Bend Road and
East Floating Feather Road at 11280 North Horseshoe Bend Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at the subject property at 6:00 PM, on May 11, 2026, in
compliance with the application submittal requirements of Eagle City Code. The application for
this item was received by the City of Eagle on May 18, 2026. Supplemental application materials
were received by the City on July 23, 2026.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on July 19, 2026. Notice of this public hearing was mailed to property owners in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on July
17, 2026. The site was posted in accordance with the Eagle City Code on July 23, 2026. Requests
for agencies' reviews were transmitted on May 28, 2026, in accordance with the requirements of
the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On November 15, 2016, the City Council approved Resolution No. 16-31 approving the agreement
for the purchase and sale of property between the City of Eagle and Ada County for approximately
11.93-acres (R3610110174, R3610110172, R3610110181).
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E. COMPANION APPLICATIONS:
There is one associated design review application for the government office and emergency
services building and the landscaping on the property (DR-2026-56).
This application has not yet been evaluated by the City Council.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Public/Semi-Public
Public/Semi-Public (PS)
Vacant land, regional trails
Government Office and
Proposed
No change
No change
Emergency Services
Facility
North of site
Public/Semi-Public
Public/Semi-Public (PS)
Eagle Bike Park, Eagle
Sports Complex
Public/Semi-Public and
Ada County Waste
South of site
Public/Semi-Public and
R1 (Residential —Ada
Management facility, Sage
Neighborhood
County Designation)
Acres Ranchettes
Subdivision (Ada County)
East of site
Public/Semi-Public
Public/Semi-Public
Open space, regional trails
West of site
Public/Semi-Public and
Residential (R-4)
Single -Family Residential,
Neighborhood
Eagle Fire District facility
G. DESIGN REVIEW OVERLAY DISTRICT:
The site is located within the City-wide design review overlay district.
H. URBAN RENEWAL AREA:
This site is not located within an urban renewal area.
I. EXISTING SITE CHARACTERISTICS:
The site consists of vacant land. A regional bike trail runs through a portion of the property, and an
eight -foot -wide (8'W) pathway is located within the property adjacent to North Horseshoe Bend
Road.
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SITE DESIGN INFORMATION:
SITE DATA
PROPOSED
REQUIRED
Total Acreage of Site
7.42 acres
No minimum
Percentage of Site Devoted to
9% (approximately)
None
Building Coverage
Percentage of Site Devoted to
18% (approximately)
10% (minimum)
Landscaping
8 paved parking spaces (Phase 1)
Number of Parking Spaces
42 gravel parking spaces (Phase 1)
32 parking spaces
(minimum)
27 paved parking spaces (future phase)
Front Setback
123-feet
None
Rear Setback
419-feet
None
Side Setback (North)
126-feet
None
Side Setback (South)
112-feet
N/A
K. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct a joint -use government office and emergency services
facility to be utilized for training and maintenance for the City of Eagle and Eagle Fire District.
The principal building consists of maintenance shop space, office space, classrooms, and locker
room facilities. The site will also include a life fire training tower. Two covered parking structures
are proposed to store City of Eagle and Eagle Fire District fleet vehicles.
On and Off -Site Circulation:
The property will be accessed by a 31-foot-wide entrance along North Horseshoe Bend Road which
provides access to the paved parking lots and to the gravel area on the east side of the building. A
3,802-square foot paved parking lot on the north side of the building provides parking for guests
and employees using this site. An 8,441-square foot paved parking lot on the west side of the
building is proposed to be constructed in a future phase and will also provide parking for vehicles
using this site.
L. PARKING ANALYSIS:
Gross floor area of the proposed Government Office and Emergency Services Facility =
18,340 square feet
Emergency Services: 1 parking space per 500 square feet of gross floor area, plus a minimum of 2
enclosed vehicle storage spaces
3,341 square feet/500 = 6.68 = 7 parking spaces required
3,930 square feet of enclosed vehicle storage space = 2 enclosed vehicle parking spaces required
Government Office: 1 parking space per 250 square feet of gross floor area
3,580 square feet/250 = 14.32 = 15 parking spaces required
Storage: 1 parking space per 1,000 square feet of gross storage area
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7,489 square feet/1,000 = 7.49 = 8 parking spaces required
Total parking spaces proposed: 27 paved parking spaces (8 paved spaces including 1 ADA
compliant space in phase one; 19 paved spaces including I ADA compliant space in a future
phase), 3 enclosed parking spaces, 42 gravel parking spaces
Total parking spaces required: 30 paved parking spaces and 2 enclosed parking spaces (calculated
based on the above uses identified in Eagle City Code Section 8-4-5)
M. PUBLIC SERVICES AVAILABLE:
The site is served by Eagle Fire Department, Eagle Police Department, City of Eagle Water, and
Eagle Sewer District.
N. PUBLIC USES PROPOSED:
The facilities will be under public ownership, however they will not be open daily to the public.
O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:
No future acquisitions map currently exists.
P. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern — None known
Evidence of Erosion — None known
Fish Habitat — None known
Floodplain — None known
Mature Trees — None known
Riparian Vegetation — None known
Steep Slopes — None known
Stream/Creek— None known
Unique Animal Life — None known
Unique Plant Life — None known
Unstable Soils — None known
Wildlife Habitat — None known
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
No review of an environmental assessment plan is required.
R. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report:
Ada County Highway District
Central District Health
Department of Environmental Quality
Eagle Fire Department
Idaho Transportation Department
S. LETTERS FROM THE PUBLIC (attached to the staff report):
Correspondence received from Karl Kosciuch, dated July 27, 2026.
Correspondence received from Aaron and Elizabeth Volger, dated July 27, 2026.
T. EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES:
The Commission/Council shall review the particular facts and circumstances of each proposed
Conditional Use in terms of the following standards and shall find adequate evidence showing that
such use at the proposed location:
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a. Will, in -fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle
City Code Title 8) for the zoning district involved;
b. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8);
Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such
use will not change the essential character of the same area;
d. Will not be hazardous or disturbing to existing or future neighborhood uses;
e. Will be served adequately by essential public facilities such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water and sewer and schools; or
that the persons or agencies responsible for the establishment of the proposed use shall be
able to provide adequately any such services.
f. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
g. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare by reason
of excessive production of traffic, noise, smoke, fumes, glare or odors;
h. Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares; and
i. Will not result in the destruction, loss or damage of a natural, scenic or historic -feature of
major importance.
U. EAGLE CITY CODE 8-7-3-1 PURPOSE AND INTERPRETATION OF CONDITIONAL USE:
C. Exceptions or waivers of standards within Title 8 or 9, other than use, inclusive of the
subject matter addressed by Section 8-7-4-2 or Section 9-6-3 "Variances" may be permitted
through the issuance of a conditional use permit.
THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE
FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS
THE STAFF REPORT AS PART OF THE PLANNING AND ZONING COMMISSION'S
FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted May 12, 2026), designates this site as the following:
Public/Semi-Public
Intended primarily for the development of such uses as golf courses, parks, recreation facilities,
greenways, schools, cemeteries, and public service facilities such as government offices. Support
activities may also be permitted. All development within this land use is encouraged to be designed to
accommodate the different needs, interests, and age levels of residents in matters concerning both
recreation and civil activities. The public/semi-public land use designation is not a residential land use
designation. When a project or development is designed that contains or is adjacent to land holding a
public/semi-public land use, this land will not be included when calculating the allowable residential
density.
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B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-1-2: Rules and Definitions:
EMERGENCY SERVICES: Provision of emergency medical care transportation, fire protection
and police protection, including incidental storage and maintenance and parking of emergency and
emergency related vehicles.
GOVERNMENT OFFICES: Administrative, clerical, or public contact offices of a government
agency, including postal facilities, together with incidental storage and maintenance of vehicles.
• Eagle City Code Section 8-2-3: Schedule of District Use Regulations:
P — Permitted Use
Land Uses
Districts
PS
Emergency Services
P
Government building, offices
P
• Eagle City Code Section 8-2A-1: General Applicability
This article applies to all proposed development located within the Design Review Overlay
District which shall include the entire City limits, and any land annexed into the City after the date
of adoption hereof. Such development includes, but is not limited to, new commercial, industrial,
institutional, office, multi -family and single-family attached residential projects, signs, common
areas, subdivision signage, proposed conversions, proposed changes in land use and/or building
use, exterior remodeling or repainting with a color different than what is existing, exterior
restoration, and enlargement or expansion of existing buildings, signs or sites, and requires the
submittal of a design review application pursuant to this article and a fee as established by
resolution of the City Council.
• Eagle City Code Section 8-2A-6: Design Requirements, Objectives, and Considerations
B. Architectural Requirements, Building Materials, Fence And Deck/Patio Materials, Colors,
And Architectural Appurtenance Height Limitation: Unless specified as prohibited herein,
materials listed in this section are allowed. If a material proposed for construction is not listed
in this section it shall be upon the discretion of the zoning administrator, the design review
board, and the city council, whichever the case may be, to determine the appropriateness of
such material.
1. Exterior walls and soffits:
k. Metal: Metal siding shall be anodized, shall have a concealed fastener system, shall
have a factory finish or equivalent, and shall include special design treatments to
enhance its appearance. These treatments may include brick or masonry wainscot
treatments along exterior walls and accent colored metals.
Metal siding is prohibited on the portion of any building facing a road. This includes
sections within the front facade that may be perpendicular to the road but within the
face of the building oriented toward the road.
It is not the intent of these metal siding requirements and prohibitions to inhibit
creative and innovative architecture. Therefore, alternative building designs that
utilize metal, not specifically meeting the requirements herein, may be permitted
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where the applicant shows, and the City Council finds that the metal is: architecturally
compatible with surrounding buildings; architecturally compatible with other
nonmetal buildings in the area; attractively landscaped when feasible; and is designed
to equal or exceed the city requirement to eliminate the stark utilitarian look intended
to be prevented by this subsection.
2. Roofs:
e. Metal; standing seam, batten seam (concealed fasteners required)
3. Fences:
e. Dog ear cedar, fir, chain link, barbwire, razor wire, and similar high maintenance
and/or unsightly fencing is prohibited. However, powder coated chain link fencing
may be permitted for use on school sites.
7. Enclosed trash and recycle receptacle areas: All commercial and multi -family
developments shall provide for trash and recycle services and shall include an enclosed
area for the storage of trash and recycle receptacles. The area shall be screened in
accordance with section 8-2A-7J of this article.
• Eagle City Code Section 8-2A-7: Landscape and Buffer Area Requirements:
J. Buffer Areas/Common Lots:
2. Minimum Requirements:
c. To conceal outdoor storage areas, trash receptacles, exposed equipment associated
with any commercial or industrial activity, and off street loading when adjacent to or
in view from a residential activity or public street right of way, a five foot (5') wide
by six foot (6) high landscaped buffer is required.
K. Parking Lot Landscaping:
4. Parking Lot Interior Landscaping:
a. Calculated Amount: Interior parking lot landscaping shall be required on any parking
lot with ten (10) spaces and above. The required amount of landscaping is based on a
sliding scale, as follows:
Total Number
Of Spaces
Percent Of Total Area of a Lot That Must Be an Interior
Landscaped Area
51+
10 percent
b. Additional Requirements:
1) No interior planter shall be less than five feet (5') in any dimension.
2) No parking space shall be more than sixty feet (60') from an interior landscaped
area.
3) Parking islands are to be as evenly spaced as feasible throughout the lot to
consistently reduce the visual impact of long rows of parked cars.
4) Deciduous shade trees and ground covers or low shrubs are recommended as
primary plantings in interior landscaped areas. Deciduous shade trees are to be
clear branched to a height of six feet (6).
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M. Parkway Strips, Separated Sidewalks, And Street Trees:
2. In all required applications, excluding residential developments, one street tree, selected
from the approved tree list in subsection Q of this section, shall be planted per thirty five
(35) linear feet of street frontage.
• Eagle City Code Section 8-3-2: Supplemental General Provisions:
B. Temporary Buildings:
1. Temporary buildings, construction trailers, shipping containers, equipment and materials
used in conjunction with construction work authorized by this title only may be permitted
in any district during the period construction work is in progress, but such temporary
facilities shall be removed upon completion of the construction work. Storage of such
facilities or equipment beyond the completion date of the project is prohibited.
0 Eagle City Code Section 84-3: Design and Maintenance:
A. Paving: The required number of parking and loading spaces as set forth in this chapter,
together with driveways, aisles and other circulation areas, shall be improved with material
such as asphalt or concrete, to provide a durable and dust free surface. Gravel or dirt surfaces
shall not be permitted unless used as part of a home occupation.
• Eagle City Code Section 8-7-3-5: Conditional Use Permit:
D. Conditions Of Permit: Upon the granting of a conditional use permit, conditions may be
attached to said permit, including, but not limited to, those:
1. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on site or off site public facilities or services; and
7. Requiring more restrictive standards than those generally required in this title.
C. DISCUSSION:
• The applicant is requesting waivers of sections of Eagle City Code with this application. The
requested waivers are as follows:
o The applicant is requesting waivers of Eagle City Code Section 8-2A-6(B)(1)(k) and 8-2A-
6(B)(2)(c) to permit metal roofing and siding with exposed fasteners on the proposed
buildings, and to permit metal siding on the portion of the building facing the road. The
applicant has noted that the proposed metal roofing and siding utilizes semi -concealed
fasteners, with exposed fasteners visible on splices between roof panels and in reverse ribs on
wall panels. In their narrative, the applicant also states that the proposed material requires
minimal maintenance and will ensure long-term operation. The buildings have been designed
with a natural color palette to contribute to the visual continuity and character of the
surrounding area, and architectural features such as awnings and contrasting trim are proposed
to introduce visual articulation.
If the requested waiver is granted, the buildings on the property may be constructed as
proposed with metal roofing and siding utilizing semi -concealed fasteners, pursuant to review
and approval by the Design Review Board and City Council.
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o Powder -coated chain link fencing is proposed to provide site security for the facility. The
applicant is requesting a waiver of Eagle City Code Section 8-2A-6(B)(3)(e), which states that
chain link fencing is prohibited, but may be permitted at school sites. The applicant states in
their narrative that the powder coating will reduce visual impact compared to traditional
galvanized finishes, and the proposed style of fencing will be more visually compatible with
the surrounding landscaping.
If the requested waiver is granted, powder -coated chain link fencing may be a permitted
fencing style on the property, pursuant to review and approval by the Design Review Board
and City Council.
o A live fire training tower is proposed with this application, which is constructed of a series of
shipping container -type structures set on a concrete pad that can be rearranged as needed to
simulate different training scenarios for the fire department. A waiver of Eagle City Code
Section 8-3-2(B)(1) is requested with this application to permit the permanent use of shipping
containers on the site.
The applicant is also requesting a height exception for the live fire training tower, which has
a proposed maximum height of 41 feet. The applicant states in their narrative that the live fire
tower will be located towards the rear of the site, and the facility has been sited so the live fire
tower will be screened from view by the landscape buffer and proposed buildings.
If the requested waivers are granted, the live fire training tower comprised of shipping
container -type structures will be permitted on the property, and the live fire training tower will
be limited to 41 feet in height. The facility should be sited so the landscape buffer and building
orientation provide adequate screening of the live fire training tower.
o Waivers of Eagle City Code Section 8-2A-6(B)(7) and 8-2A-7(J)(2)(c) are requested with this
application to permit unenclosed trash receptacles with no landscape buffer. The trash
receptacle is proposed to be a mobile dumpster with no set location on the site. The applicant
states in their narrative that the strategic placement of buildings and landscape elements on
the site will screen trash enclosures and ensure they are not visible from public viewpoints.
If the requested waivers are granted, the trash receptacles on the property are not required to
be enclosed and screened with landscaping. The trash receptacles should be adequately
screened frdm public viewpoints.
o A total of 30 paved parking spaces and 2 enclosed parking spaces are required for the facility.
Eight (8) paved parking spaces and 3 enclosed parking spaces are proposed with the first phase
of this project with 19 additional paved parking stalls to be constructed in a future phase, for
a total of 27 paved parking stalls proposed at the facility. Forty-two (42) additional parking
spaces for staff and fleet vehicles are proposed in the gravel lot south of the principal building
and live fire training facility. A waiver of Eagle City Code Section 8-4-3(A) is requested to
permit a portion of the required parking on the site to be on an unpaved gravel surface. The
applicant states in their narrative that compacted gravel will be utilized to reduce impervious
surfaces and maintain a natural site character, while still meeting the functional needs of the
facility.
A waiver of Eagle City Code Section 8-2A-7(K)(4)(a-b) is also requested to waive the
requirement for interior parking lot landscaping within the gravel parking area. The parking
areas will be screened from public view along the western and southern property boundaries
by a landscape buffer, but no additional internal parking lot landscaping is proposed.
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If the requested waivers are approved, gravel parking may be utilized to meet the parking
requirement for the facility, and no additional landscaping will be required in the gravel
parking area. Twenty-seven (27) paved parking stalls should be required for the facility, and
a minimum of eight (8) paved parking stalls should be provided with the first phase of
development.
o Eagle City Code Section 8-2A-7(M) requires one street tree planted per 35 linear feet of street
frontage within the 8-foot-wide parkway strip between the sidewalk and roadway. The
applicant is requesting to waive the requirement for the installation of street trees in the
parkway strip. The site currently has sod between the existing 8-foot-wide pathway and
roadway along North Horseshoe Bend Road. The landscape plan shows street trees proposed
every 35-feet located on the east side of the pathway (approximately 38-feet to 55-feet from
the roadway) and not within the parkway strip due to existing power lines.
If the requested waiver is granted, no additional street trees will be required in the parkway
strip along Horseshoe Bend Road.
There are existing regional bike trails that cross through the proposed facility site which are
maintained by Ada County. The existing trails are planned to be relocated by Ada County Parks
and Waterways, and conceptual plans show the trails realigned entirely on county property and
integrated into the larger trail system.
PUBLIC HEARING OF THE COMMISSION:
A public hearing on the application was held before the Planning and Zoning Commission on August 3,
2026, at which time testimony was taken and the public hearing was closed.
A. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one (not including the applicant).
B. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by seventeen (17) individuals, who provided the following comments:
• Training facilities and public works operations are necessary in the city, but the proposed facility
is not appropriate at this location.
• The facility will negatively impact the open space, trail network, and viewshed in the area.
• The live fire training tower is not compatible in the foothills, which is prone to fire risks.
• The proposed facility will create additional heavy truck traffic which poses safety issues with bike
park users.
• The live fire training tower will produce smoke that is harmful to nearby residents and bike park
users.
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• The use of the facility is too industrial in nature and shouldn't be located so close to residential
development.
• The facility should be held to the same design standards and requirements as the rest of the city.
• Surrounding residential development will decrease in value due to the location of the facility.
• Existing recreational activities will be lost and valuable open space and portions of the bike trail
will be diminished due to the negative visual impact of the facility.
• The proposed berm, landscaping, and fencing is inadequate to screen the facility from surrounding
residential development.
C. Oral testimony neither in favor of nor in opposition to the application was presented to the Planning
and Zoning Commission by one (1) individual, who provided the following comment:
• Impacts on local wildlife should be mitigated.
D. Rebuttal was presented by the applicant and representative, who stated:
• The trails currently located on the property are being rerouted, not removed, and Ada County Parks
and Waterways is working with the applicant to realign the trails.
• The facility will not produce excessive heavy truck traffic and will operate during normal office
hours. Traffic entering and exiting the facility will primarily be city fleet vehicles, which includes
pick-up trucks with trailers, and occasionally small-scale construction equipment.
• The color palette was chosen to be harmonious with the surrounding area, and the proposed
landscaping includes native plant species and seed mixes.
• The live fire training tower will be positioned on the property to not be visible from the street.
• The property is already owned by the City and it would be a significant financial burden to acquire
a new property on which to construct the facility.
• The live fire training tower is only used when the proper conditions are in place to minimize the
potential for smoke lift.
COMMISSION DELIBERATION:
A summary of the deliberation at the meeting on August 3, 2026, can be found at the following link
(Granicus time: 02:12:55): https.-Ilta2le-id.-at-aiiicus.com/"layer/clip/2274?viex_id=1&redirect=true
Upon closing the public hearing, the Commission discussed during deliberation that:
• The facility has been designed to minimize the cost of constructing the facility, so the requested waivers
of code are justified.
• There is no other viable location for the project.
• The application would only be supported if the site was heavily screened by landscaping and additional
conditions were added to improve the site design.
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COMMISSION DECISION:
At the meeting on August 3, 2026, the Commission voted 3 to 1 (Smith absent, McCauley opposed) to
remand the application to staff. The application was brought before the Commission again on August 17,
2026, where the Commission voted 4 to 0 (Smith recused) to recommend approval of CUP-2026-13 for a
conditional use permit to allow waivers of Eagle City Code Title 8 for the City of Eagle and Eagle Fire
District, with the following staff recommended site -specific conditions of approval and standard conditions
of approval with underlined text recommended to be added by the Commission and strikethrough text
recommended to be deleted by the Commission:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all requirements of DR-2026-56.
2. Waivers of Eagle City Code Section 8-2A-6(B)(1)(k) and
8-2A-6(B)(2)(c) are granted with this application, and the buildings on the property may be constructed
as proposed with metal roofing and siding utilizing semi -concealed fasteners, pursuant to review and
approval by the Design Review Board and City Council.
3. If the Fequested WftiVeF iS OppFeved, aA_ waiver of Eagle City Code Section 8-2A-6(B)(3)(e) is granted
with this application, and powder -coated chain link fencing shall be a permitted fencing style on the
property pursuant to review and approval by the Design Review Board and City Council. However,
solid privacy fencing shall be utilized along the southern edge of the property.
4. if the requested watveF is approved, _ waiver of Eagle City Code 8-3-2(B)(1) is granted and the
live fire training tower comprised of shipping container -type structures shall be permitted on the
property.
5. The live fire training tower shall not exceed 41 feet in height.
The facility shall be sited so the landscape buffer and building orientation provide adequate screening
of the live fire training tower.
6. if the requested waiveFs are RPPFOVe , Waivers of Eagle City Code Section 8-2A-6(B)(7) and 8-
2A-7(J)(2)(c) are granted with this application, and the trash receptacles on the property are not required
to be enclosed and screened with landscaping. The trash receptacles shall be adequately screened from
public viewpoints.
7. if the requested waivers are approved, Waivers of Eagle City Code Section 8-2A-7(K)(4)(a-b) and
8-4-3(A) are granted with this application, and gravel parking may be utilized to meet the parking
requirement for the facility with no additional landscaping required in the gravel parking area. Twenty-
seven (27) paved parking stalls shall be required for the facility, and a minimum of eight (8) paved
parking stalls shall be provided with the first phase of development. Interior parking lot landscaping
shall be required upon paving the gravel area in accordance with Eagle City Code Section
8-2A-7(K)(4)(a-b).
Q if the Feques*„a . edwaiver-,. fEagle City Code e fie 8 2 A 7( ) : granted �i
Bead Read.
9. No signs are proposed with this application, and none are approved.
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NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs, gutters,
streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be
submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs first.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District, shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on -site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall
be submitted to the City Engineer for review and approval prior to issuance of any building permits or
Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a surety shall be submitted to the City Clerk, prior
to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall
be so graded that all runoff runs either over the curb, or to the drainage easement, and no runoff shall
cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water owned
by an organized irrigation district, canal company, ditch association, drainage district, drainage entity,
or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such
obstruction, rerouting, covering or changing has first been approved in writing by the entity. A
Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the
existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be
impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure
any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho
Standards for Public Works Construction. A copy of such written approval and certification shall be
filed with the construction drawing and submitted to the City Engineer prior to the City Engineer
signing the final plat.
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Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal, or drain,
used for irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation
entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit
a copy of the written approval from the irrigation entity, drainage district, or drainage entity prior to the
City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light -fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. Whether located inside or outside of the public right-of-way the perpetual maintenance of the
street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or
homeowner's/business owner's association, whichever the case may be.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the City
Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights
used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining
property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust, trash, weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle Fire
Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the
City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The
letter shall include the following comments and minimum requirements, and any other items of concern
as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square -feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Council or Eagle City Parks and Pathways Development Commission for a path
or walkway shall be approved in writing by the Eagle City Parks and Pathways Development
Commission prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
15. Conservation, recreation and river access easements (if applicable) shall be approved by the staff and
the City Engineer and shall be shown on the final plat prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
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16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise River
floodplain (if applicable) from the Corps of Engineers prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the
Commission and/or Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and/or the Planning and Zoning Commission for
review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those required
by the above conditions, will require submittal of an application for modification and approval of that
application prior to commencing any change.
23. Any change by the applicant in the planned use of the property which is the subject of this application,
shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory
and legal restrictions in force at the time the applicant or its successors in interest advises the City of
Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the change in use
is sought.
24. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized representative of
the City of Eagle. The burden shall be upon the applicant to obtain written confirmation of any change
from the City of Eagle.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review, as stipulated in Eagle City Code (one year from the Planning and Zoning
Commission approval date).
26. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
27. The conditional use permit approval shall remain valid in the event of a change in ownership. In the
event there is a new owner of the property, the new owner(s) shall be bound by the same conditions of
approval applicable to the conditional use permit that was transferred. The new owner(s) shall provide
written acknowledgment to the City accepting the terms of the transferred conditional use permit within
sixty (60) days of purchase and receipt by the new owners of actual notice of the existence of the
conditional use permit for the parcel, whichever event occurs later; otherwise, the permit may be
declared void after notice and public hearing before the city council.
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CONCLUSIONS OF LAW:
The Commission reviewed the particular facts and circumstances of the proposed conditional use
permit (CUP-2026-13) in terms of Eagle City Code Section 8-7-3-2, "General Standards For
Conditional Uses" and has concluded that the proposed conditional use:
A. Will, in fact, constitute a conditional use as established in Eagle City Code Section 8-7-3-1(C),
which states exceptions or waivers of standards within Title 8 or Title 9, other than use,
inclusive of the subject matter addressed by Section 8-7-4-2 or Section 9-6-3 "Variances" may
be permitted through issuance of a conditional use permit;
B. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the Comprehensive Plan and Eagle City Code Title 8. The Comprehensive Plan
Future Land Use Map designates this site as Public/Semipublic which is intended to
accommodate the needs of the city's residents and support civil activities like government
offices and emergency services. The requested waivers of Eagle City Code Title 8 have been
determined to be appropriate for the proposed facility in order to minimize the cost of
construction, and the Commission has recommended conditions herein to ensure compliance
with certain design standards of Eagle City Code Title 8, like privacy fencing and landscape
buffering;
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the general vicinity. The applicant has
stated that the color palette of the building was intentionally chosen to complement the
surrounding natural landscape, and native plant species have been integrated in the landscape
design to be cohesive with existing plant life in the area. The bike trails currently located on
the property will be realigned and integrated into the larger trail systern by Ada County Parks
and Waterways, so the government office and emergency services facility will not change the
essential character of the surrounding area since the recreational opportunities currently in
place on the property are ensured to be available once the facility is constructed;
D. Will not be hazardous or disturbing to existing or future neighborhood uses. Daily operations
of the government office and emergency services facility will take place with minimal noise
impact, and many public works operations will occur off -site as daily maintenance is performed
throughout the city. The live fire training tower will only be utilized when the appropriate
weather conditions are in place, and the applicant has stated that outreach efforts are conducted
to notify nearby residents prior to any training occurring that utilizes the life fire training tower.
E. Will be served adequately by essential public facilities such as highways, streets, police and
fire protection, drainage structures, refuse disposal, water and sewer and schools. The agencies
responsible for the establishment of the proposed use shall be able to provide adequately any
such services, as has been confirmed by the correspondence received by the agencies who will
serve the facility;
F. Will not create excessive additional requirements at public cost for public facilities and services
and will not be detrimental to the economic welfare of the community. The proposed facility
will not place any undue cost on the public, and is intended to support essential municipal
services with responsible use of public funding, prioritizing durability, functionality, and low -
maintenance materials;
G. Will not involve uses, activities, processes, materials, equipment and conditions of operation
that will be detrimental to any persons, property, or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors. The applicant has stated that the live
fire training tower is only utilized when the appropriate weather conditions are in place and is
carefully monitored to ensure there is no smoke lift that would be harmful to nearby residents.
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The traffic produced by the facility will be minimal and will not involve excessive heavy truck
traffic. The applicant has stated that certain power tools and maintenance equipment will be
used on the property, but any noise produced will not be excessive and will occur during normal
operating hours;
H. The property is proposed to take access from North Horseshoe Bend Road, which is designed
to not create an interference with traffic on surrounding public thoroughfares as approved by
the Ada County Highway District; and
I. Will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of
major importance since none are apparent on -site and the applicant is not proposing the removal
of any natural features. The regional bike trails on the property will be realigned onto county
property with no significant loss of trail space.
2. Failure to comply with all provisions and any condition of approval of this conditional use permit may
result in a compliance hearing in front of the City Council at which time the Council may add conditions
to the permit, modify existing permit conditions, or revoke all or part of the permit.
3. In accordance with Eagle City Code Section 8-7-3-l(C), the Commission concludes that waivers of
Eagle City Code Sections 8-2A-6(B)(1)(k), 8-2A-6(B)(2)(c), 8-2A-6(B)(3)(e), 8-3-2(B)(1), 8-2A-
6(B)(7), 8-2A-7(.I)(2)(c), 8-4-3(A), and 8-2A-7(K)(4)(a-b) to permit metal siding, exposed fasteners,
chain link fencing, shipping container -type structures as a permanent use, unenclosed trash receptacles,
trash enclosures without landscape screening, and gravel parking without parking lot landscaping are
appropriate for the proposed facility on the site. The Commission has concluded that the proposed
building materials, inclusive of metal siding and exposed fasteners, are durable and low -maintenance
and aid in decreasing construction costs. The live fire tower training facility, gravel parking area, and
unenclosed trash receptacles will be screened by landscaping and solid privacy fencing along the
southern boundary and by a landscape buffer adjacent to North Horseshoe Bend Road, as conditioned
herein, to minimize the visual impact of the facility from public viewpoints.
4. Pursuant to Eagle City Code 8-7-3-5(F), a conditional use permit shall not be considered as establishing
a binding precedent to grant other conditional use permits.
DATED this 24th day of August, 2026.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EA
Ada o ty, Id
Trent Wright, Chairman
Tracy E. O)JF6kii,`Eagle City
,`, ' { Is M #,,,I
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